Criminal Procedure Code · 2021 Revised Edition · Chapter XLIII
412. Resewation by Judge
Official textFrom Attorney General's Chambers, unchanged
A Judge of the High Court may reserve for the consideration of the Court of Appeal any question of law which may arise on the trial of any charge.
Judge
"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
In exercising his power under subsection (I), the Judge may act either of his own motion or on the application of the Public Prosecutor or the defence.
A Judge may, if he reserves a question of law under subsection (1) and the accused person has been convicted -
postpone judgment until the question has been considered and decided; and
commit the person convicted to prison or admit him to bail, with or without one or more sufficient sureties, and in such sum as he may think fit, on condition that he is to appear at such time or times as the Judge may direct and receive judgment.
Upon consideration of a question reserved under subsection (I), the Court of Appeal may -
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
affirm or quash the conviction or order a new trial; and
make such other orders as may be necessary to give effect to its decision:
208
Criminal Procedure Code
Provided that the Court of Appeal may, notwithstanding that it is of the opinion that the question so reserved might be decided in favour of the convicted person, affirm the conviction if it considers that no miscarriage of justice has actually occurred.
Terms defined in s 2
Court of Appeal
Defined · s 2"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
High Court
Defined · s 2"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
Judge
Defined · s 2"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;